1. About MasterSell MasterSell Realty Australia Pty Ltd trading as MasterSell Australia – ABN 41 107 708 074. This website is an Australian website, owned and operated in Australia. (“MasterSell”, “MasterSell Australia”, “we”, “our” or “us”) is a licensed real estate and business brokerage company that makes available property and business information and provides advertising and marketing support on the MasterSell.com.au website (the “Website”) to help with the sale of property and businesses Australia wide. We do this by offering the customer (referred to as “user”, “seller”, “owner” or “you”) a variety of options to assist the sale of their property, business or services (“Services”). We also make available a medium for business owners to advertise their real estate related products and services in our MasterSell Service Directory. These terms and conditions (“Terms”) form the agreement under which we will supply services to you via our Website. Please read the Terms carefully. Please contact us if you have any questions, before you purchase from us. You can contact us at [email protected].

2. What we advertise The Website displays properties for sale, businesses for sale and promotes various property related products and services within the MasterSell Service Directory. MasterSell Australia retains the right to delete or modify any advertised listing on the Website whether property, business or service without notice, if the details provided by the Website user are considered to be incorrect, misleading or do not meet the MasterSell principles.

3. Advertising Selling Options MasterSell Australia offers you a variety of selling options for your property or business. These are set out on our Website. These include listing your property or businesses for sale on the Website.

Your private sale selling options include the following:

• FREE property listing “Until Sold”
• PAID property listing “Agent assisted”
• FREE business listing “Limited time”
• PAID business listing “Until Sold”
• FREE service listing
• PAID service listing “With benefits”

Your Agent Managed selling options include the following:

• Agent Managed Sale
• Premium Managed Sale

Further information on these Services is contained on the Website.

4. For Sale Signage MasterSell Australia has no responsibility for loss or damage resulting from incorrect signage placement. Accountability rests with you, to make certain the “For Sale” signage or any signage purchased from MasterSell Australia is erected securely and in accordance with local community regulations.

5. Dispatch & Delivery of Goods All goods will be delivered to the customer’s nominated address within 2‐7 days of MasterSell receiving the order and approving the payment. Goods may include but not limited to MasterSell signage and MasterSell sold stickers.

6. Refund Policy & Faulty Matchless Goods Consumer legislation in Australia including the Australian Consumer Law (“ACL”) in the Consumer and Competition Act 2010 (Cth), provides consumers with guarantees that cannot be excluded, restricted or modified (“Rights”). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.

If you are a consumer as defined in the ACL, the following notice applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re‐supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

It is your responsibility to ensure that the correct service option is purchased. Refunds will not be given if you purchase a service incorrectly or if you change your mind about selling your property or business or about promoting your service.

If you believe that any of the products supplied by MasterSell Australia to you are faulty or do not match their description please notify us immediately upon receipt of the goods: Phone 1300 862 385 or Email [email protected].

If damaged goods, or goods which do not match their description, are returned within 14 days, we will issue the replacement in goods that were initially ordered.

Post damaged or goods which do not match their description to: MasterSell Australia PO BOX 906 Parramatta NSW 2124

If we cannot provide you with matching replacement goods, we will refund the amount paid by you in the method used for the original purchase.

7. Legal Tender and Taxes All transactions are processed in Australian dollars and you are responsible for paying all taxes related with purchasing any Services from the Website. All prices quoted on the Website include GST unless otherwise stated.

8. Limited Liability You use the Website at your own risk. We exclude all express and implied conditions and warranties, except for your Rights, to the fullest extent permitted by law, including but not limited to:

• MasterSell expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
• MasterSell does not warrant that the Website or content on the Website, or your access to the Website will be error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
• MasterSell takes no responsibility for, and will not be liable for, the Website being unavailable, failing to meet the description, failing to meet your needs, or of being less than merchantable quality; and MasterSell will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Website, content of the Website Services, inability to access or use the Website, or the Terms, even if MasterSell was expressly advised of the likelihood of such loss or damage.
• You agree not to attempt to impose liability on, or seek any legal remedy from MasterSell with respect to such actions or omissions.
• Our total liability arising out of or in connection with the Website, or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fee paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
• The limitations of damages set forth above are fundamental elements of the basis of the bargain between MasterSell and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
• This limitation of liability reflects the allocation of risk between MasterSell and you. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of MasterSell.

9. Contract Termination You may withdraw your listing or terminate your promotional advertisement at any time and acknowledge that, outside of your rights under ACL, you are not entitled to a refund for advertisements which have been paid for prior to withdrawal of the listing or for cancellation of promotional advertising.

MasterSell Australia reserves the right to terminate your usage and access of the Website for any reason, terminate our contract with you, and remove or edit content on our Website at our sole discretion, without incurring any liability to you.

10. Privacy Use of the Website is administered by our Privacy Policy which is set out on the Website and which forms part of this Agreement. The responsibility rests solely with you for maintaining the security and privacy of passwords issued by us during your use of the Website and you agree to notify MasterSell Australia of any unauthorised use of such personal information and or any other breach of security and you will not hold MasterSell Australia liable for any loss or damage of any kind arising from your breech of this stipulation.

11. Proof of Identity MasterSell Australia reserves the right to authenticate the availability and ownership information of properties offered for sale on the Website and any third party websites and to validate the information contained in any advertisements. You acknowledge that we might access your personal information and/or contact you for the purpose of verification. You agree to provide additional information to us to assist identification such as:

• copy of the sellers drivers license or passport representing the photographic ID of the seller; and
• copy of a rates or utility notice representing the sellers name and the property address.

12. Changes to your Selling and Advertising Position MasterSell Australia is not in the business of advertising expired property or business listings and we actively monitor sales of properties and businesses. To assist us with this process and as part of these Terms for advertising your property, business or service, you are required to respond to our automated scheduled notification emails to you from time to time, as to the status of your property or business sale and or service listing.

It is your responsibility to respond to us about the status of your sale along with the details of the sold price or price range upon unconditional exchange and/or settlement of your property or business.

MasterSell Australia reserve all rights to withdraw your listing from the Website if we consider the advertisement to be no longer valid due to inactivity of your account or your lack of response to our automated scheduled notification emails. However in this case we will attempt to contact you prior to removing your advertisement from the site.

You must notify MasterSell Australia about circumstantial changes to your selling and advertising position for your property or business including where the property or business has been sold, is under contract, is still on the market, requires re‐listing or has been withdrawn from the market. You must notify MasterSell Australia about circumstantial changes to your promotional advertising position including where the trade or service is still on offer, requires an upgraded listing or where it requires withdrawal from listing.

13. Automated Scheduled email If you register as a user of the Website, you consent to receiving mandatory automated scheduled correspondence from us in relation to the status of your property, business or service listing. You also agree to and may receive email alerts of MasterSell property sales or sold properties. The email alerts may contain information about third party products and services and/ or advertisements by third parties. You may change the status of your email alerts or opt‐out from receiving such alerts at anytime

14. Payments, On‐line Merchant Facility and Security Policy You agree to pay the fee specified on the Website at the time you seek our Services, in Australian dollars. You may pay for the Services with a Visa or Mastercard credit card. Payment by personal and bank cheques are also permitted. Payment by debit card is not accepted. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.

Cheques must be made payable to:- MasterSell Advertising and Marketing. Post your payment to: PO Box 906, Parramatta NSW 2124

In the absence of fraud or mistake, all payments made are final and you shall not have the right to cancel your purchase for any reason and further you agree to satisfy all such payments made, with exception to action taken under our Refund, Return and Exchange Policy set out in these Terms.

If you make a payment by credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the purchase price.

Nothing prevents us from taking any action necessary to recover any unpaid purchase price. If you fail to pay, your information will be passed on for collection and or legal action. You acknowledge and agree that you are liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If you at any time exceed our payment terms and as a result are passed on for collection and or legal action, we may place a default against you with a credit reporting agency.

Our pricing structure or payment methods may be amended from time to time in our sole discretion.

When purchasing on‐line from the Website you receive the Commonwealth Bank of Australia’s best‐practice security features to help prevent fraud and keep your information secure. Transmission of your credit card details is made through the CommWeb on‐line merchant facility. MasterSell Australia does not permanently store or record credit card numbers.

15. Technical Support MasterSell Australia offers technical support for issues that may arise from time to time. You can email your questions to [email protected]. The hours of support are between 9am‐5pm AEST Monday to Friday. Our response time is within 24 hours of receiving your email request. MasterSell Australia is committed to best practice measures and will use our best endeavours when providing telephone or email support and you confirm that MasterSell Australia is in no way obligated to provide an instantaneous solution for all specified technical issues that may arise from time to time and MasterSell Australia confirms to rectify issues at the earliest possible time and granted the issues are repairable.

16. Disclaimer MasterSell Australia and its directors, officers and agents believe that all information contained within the Website is correct. However, we have no control over the appropriateness, or legality of any or all properties and businesses advertised for sale within the Website or the products and services offered in the MasterSell Service Directory. Therefore no warranty is made as to the accuracy or reliability of the information contained herein and MasterSell Australia disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained in or omitted from the Website.

Property and business listings, including listings in the MasterSell Service Directory and the content described with each advertisement are based upon information supplied and or edited directly by the property or business owner. We cannot guarantee the screening of any content posted on the Website prior to publication.

Additional listings where information may be supplied directly by the property owner to the MasterSell agent and advertised on the Website may include all agent managed selling options. Namely the “Agent managed sale” and the “Premium managed sale”.

These advertised property, business and service specifics are displayed in good faith, however MasterSell Australia advises potential buyers and MasterSell Service Directory users to investigate and confirm all details with the owner of a particular property, business or service and we recommend professional and legal advice be taken prior to entering into any form of transaction or written contract.

You agree that before entering into any form of contractual agreement that was made possible by yourself utilising the Website and any MasterSell Services, you identify the appropriateness and details, interests and laws involving any property, business or service displayed promoted or advertised on the Website and identify the legal description and capacity of any third party involved in any form of operation that was made possible by yourself utilising the Website and or MasterSell Services.

MasterSell Australia is not liable for any loss caused to you as a result of entering into a contract of sale with a buyer who was sourced from the Website.

You acknowledge that MasterSell Australia and its directors, officers and agents make no warranty of any kind to you that any user of the Website is acting in full legal capacity in the implementation of any transaction through the Website and is 18 years of age or older.

MasterSell Australia provides the Website to you unaffected but subject to all defects. MasterSell Australia does not warrant or guarantee to you the Website will be available for use at all times and free from faults or errors. Access to the Website may be temporarily unavailable and without notice, in the case of maintenance repairs, system failure, or for reasons outside our control and MasterSell Australia disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient and or user through relying on the Website.

17. Trade Marks / Copyright All content (except User Content, as set out below) presented within the Website, described as and including but not limited to “the software, trademarks, text, graphics, logos, design, layout icons, data assemblage, images, audio and video clips” is protected by copyright laws.

This content is specifically the possession of MasterSell Australia, partners, licensors and affiliates. Included are any supplementary trademarks displayed on our website, not owned by us but remain the property of their particular owners.

You are not authorised to make use of, or modify, reproduce, copy in part or in full any of the content (as described above) within the Website for any reason whatsoever unless required under relevant law and only with our written approval.

18. User License Subject to these Terms, we grants you a personal, non‐exclusive, non‐transferable, limited and revocable license to use the Website and Services for your own personal use only on a computer or mobile device (each a “Device”) owned or controlled by you as permitted in accordance with these Terms (“User License”), and not to use the Website and Services in any other way or for any other purpose, apart from local fair dealing legislation. Excluding the following permitted activities, all other uses are prohibited without our prior written consent:

• Users who purchase the “agent assisted” private sale package are permitted to design and print their customised brochures from the Website, design their customised photo‐sign and download selling tips, solely for educational and promotional purposes of their property sale.
• Users who select the “Free” private sale property or business listing may download and print individual pages from the Website and design their customised photo‐sign and download selling tips, for their own private use. Reproduction for commercial use or for monetary gain of other advertised property and business listings from the Website is prohibited.

The right to use the Website and Services is licensed to you and are not being sold to you. You have no rights in the Website and Services other than to use it in accordance with these Terms.

This Agreement and User License governs any updates to, or supplements or replacements for, the Website and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

19. Unlawful Use You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Website and Services. In connection with your use of our Website and Services, you may not and you agree that you will not:

• use the Website or Services for any commercial or other purposes that are not expressly permitted by these Terms;
• register for more than one account or register for an account on behalf of an individual other than yourself;
• submit any information which is false or misleading ,
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
• copy, store or otherwise access any information contained on the Website and Services or content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• use our Website or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
• stalk or harass any other user of our Website or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting;
• encourage or solicit any other Website user to join third party services or websites that are similar to or compete with MasterSell;
• use, display, mirror or frame the Website, or any individual element within the Website, Services, MasterSell’s name, any MasterSell trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
• interfere with Website functionality;
• intentionally transmit disabling viruses, to or via the Website;
• formulate unauthorised adjustments to the Website and its content;
• post derogatory, offensive or threatening data;
• deliver promotional messages or any content derived from our Website and directed to potential customers on an individual basis; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

20. Advertising placement – Permissible Minimum Age You are required to be 18 years of age or older to enter a contract. A contract is a legal agreement. An agreement is an understanding between two or more people. The minimum age of property advertising placement on the Website by a customer is 18 years of age and you agree and acknowledge that these Terms are binding on your legal successors and personal representatives.

21. Placing of Advertisements The placing of advertisements on the Website can be made by a private seller or a licensed MasterSell agent and or its officers and you agree that the information is non‐confidential for all purposes and can be used, copied distributed by the public and MasterSell Australia is free to use the supplied content in any way we see fit.

You acknowledge and agree that you are responsible for any and all information posted.

Accordingly, you represent and warrant that any information you provide:

• will not breach any agreements you have entered into with any third parties and
• will (be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Host Services in your local area and country, and
• will not conflict with the rights of third parties.

Your advertisement and content within the advertisement including contact details must be permissible to use and relevant to your property or business sale. MasterSell Australia will display advertisements submitted by you however we reserve the right to edit, all advertisements and make no guarantees or representations regarding the display of your advertisement.

It is the seller’s responsibility to adhere to individual state law in relation to advertisements of property and businesses for sale. MasterSell Australia will not be held responsible or legally liable for any loss or damages for incorrect or omitted information on any advertisements.

You are permitted to post, upload, publish, submit or transmit content and information (User Content). By making available any User Content on or through the Website, you grant to us a worldwide, irrevocable, perpetual, non‐exclusive, transferable, royalty‐free license to use such User Content, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Website and Services. You are solely responsible for all information and content that you make available through the Website and Services. You represent and warrant that:

• you either are the sole and exclusive owner of all User Content that you make available through the Website and Services, or that you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms; and
• neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Website and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

22. Indemnity You agree to defend and indemnify and hold us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to our products; any breach by you of these Terms; any willful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

This defence and indemnification obligation will survive these Terms and your use of the Website or Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

23. Responding to advertisements As a user of the Website you acknowledge your understanding of this agreement to contact the property or business seller or buyer (via Master-Match properties and businesses Wanted) only for the purpose of enquiry in relation to the advertised property or business “For Sale” or “Wanted” and to potentially purchase the advertised property or business For Sale, or to promote your property or business to interested buyers (via Master-Match properties or businesses Wanted).

MasterSell Australia does not guarantee the user a reply from potential buyers and we are not responsible for any distortion of information made by potential buyers when enquiring about a property or business listed on the Website.

As a browser or user of the Website, real estate agents or persons acting on their behalf cannot seek business with any advertiser on the Website in anyway what so ever and are in breach of this agreement in doing so.

24. Authorised Listing Authority You authorise MasterSell Australia to list your property on third party websites if you have purchased any of the following Services:

• private property sale “agent assisted”;
• agent managed sale “managed by MasterSell”; or
• premium managed sale “managed by MasterSell”.

25. Third Party Content and Links The Website includes links to third party websites. We provide these links for expediency and have no control and are not responsible for the content of any linked website pages or websites linked to or from the Website. We do not evaluate or scrutinise website pages or websites linked to or from the Website and are in no way responsible for the content of the linked pages, products, or services of the linked websites and we will not be held liable for loss or damages brought upon the use or viewing of any third party websites and content.

26. Changes to Terms Our Terms are subject to change from time to time and will be done so at our sole discretion to reflect either changes in law, infrastructure or for any reason whatsoever. We may change the Terms at any time and we will post the changes on the Website. You will be deemed to have accepted the changes on the Website following your continued use of the Website

27. Sold Property and Business Data MasterSell Australia may use the data of sold properties or businesses for promotional purposes only. The data is sourced from MasterSell property and business sellers. No warranty in relation to the accuracy and reliability of the data is made by MasterSell Australia and we accept no liability for any loss, damage or costs relating to any use of the data.

28. Third Party Advertising By placing a listing whether paid or free on the Website as our customer, it does not grant you exclusive advertising or promotional rights to any web page contained on the Website. No monetary advantage will be gained by you should we place third party advertisements on any web page within the Website and you agree this can be executed without your consent and at any time.

29. General Conditions Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.

Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.

Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Jurisdiction and Applicable Law: The terms and conditions of use as stated and in which form this agreement are governed by New South Wales law and you agree to the exclusive jurisdiction of the courts in New South Wales Australia. The Website may be accessed throughout Australia and overseas. We make no representation that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and MasterSell and supersede any prior agreement, understanding or arrangement between you and MasterSell, whether oral or in writing.

30. Acceptance of Terms You confirm and agree that you have read, understood and accept the Terms. If you do not agree with any or all of the Terms, you are not obligated to use our website. If you continue to use or proceed to register as a user of the Website you will be bound by the terms and conditions of this agreement.

For questions and notices, please contact us at: MasterSell Realty Australia Pty Ltd trading as MasterSell Australia (ABN: 41 107 708 074)

PO Box 906

Parramatta CBD NSW 2124

Phone: 1300 862 385

I have read and agree to be bound by this Agreement.